The Tenth Commandment

What if someone so covets something belonging to another that he takes it from him without his consent but pays him for it – is he in violation of this tenth commandment?

There is a difference of opinion amongst the Talmudic commentaries on this issue, which revolves around an understanding of a point in our gemara.

A guardian claims innocence of responsibility for something stolen from his safekeeping but chooses to pay the owner rather than take an oath that he was not negligent. He is nevertheless required to take an oath that the object is no longer in his possession. This is because we suspect him of having coveted that item which the owner refused to sell and is exploiting this opportunity to acquire it.

But how can we believe his oath? If we suspect him of dishonesty should we not also suspect him of taking a false oath?

The answer is that the guardian can rationalize his dishonesty because he is paying the owner but will not dare to take a false oath. But isn't he in violation of "You shall not covet" even if he pays and therefore should be suspected of taking a false oath? To this challenge the response is: "People assume that 'You shall not covet' applies only when payment is not made."

One approach to understanding this statement is that what people assume in regard to coveting is the truth (Tosefot in Mesechta Sanhedrin 25b).

Others (including Rambam, Laws of Theft and Loss 1:9) disagree with this approach and contend that even if one pays money to the party who refused to sell he is in violation of "You shall not covet".

According to this approach our gemara must thus be understood: since people assume that by giving money they are not in violation of any prohibition, we have no reason to suspect that they will take a false oath.

What the Sages Say

"It can be definitely assumed that a borrower does not have the audacity to totally deny the claim of his lender."

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